4 OPINION a 0.age 4 Edited and managed by students at The University of Michigan Monday, October 17, 1988 The Michigan Daily Indispensible POWs -4 420 Maynard St. Ann Arbor, MI 48109 Vol. IC, No.28 Unsigned editorials represent a majority of the Daily's Editorial Board. All other cartoons, signed articles, and letters do not necessarily represent the opinion of the Daily. Think Before Acting the Runyon decision is not a coinci- THE SUPREME COURT is currently dence. It was their nod of approval. reconsidering Runyon v. McCrary, the Apparently, Congress did not view the 1976 landmark decision allowing mi- Runyon decision as judicial activism. norities to sue for private acts of racial The most striking aspect of this case discrimination. Should the Court over- is that no party asked for the re-consid- rule this decision, private companies, eration. The Court raised the question private schools and private clubs could over Runyon v. McCrary on its own legally discriminate against minorities. because of the case of Patterson v. Although a decision has not yet been McLean, currently before the court. issued, it is unlikely that the Court will Another message that the public re- overrule tne Runyon precedent. Justice ceives from the Court's decision to re- Antonin Scalia responded to the oral consider one of its own precedents is arguments in favor of overruling the that other civil rights precedents may $ decision with, "If that's all you also be questioned. The present Court have...I'm afraid it's nothing." could conceivably wipe out all of the A favorable decision, however, will decisions of previous Supreme Courts. not cancel out the psychological effect. This is a frightening prospect, con- the reconsideration could have on mi- sidering that the Supreme Court con- norities. The message minorities re- sists of a handful of judges, not elected iceive with such a reconsideration is that by the people but rather hand-picked by they are in danger of losing one of their the President. This destroys the check rights - the right to fight private racial inherent in the slow-changing nature of discrimination. a system based on precedent. The Court may not be trying to pro- Whatever the Court's reasons, the mote racism. The Court may only be effect is a slap in the face to minorities. flexing its conservative muscles by try- The public gets the message that the ing to reduce government involvement highest court in the land approves of in the private sector. racial discrimination as long as the dis- It may also be trying to make a criminator is not a government em- statement against judicial activism. ployee. However, Congress passed a law al- Whether the ill effects were intended lowing plaintiffs to recover attorneys' is not the question. The question is fees from defendants in lawsuits based why the greatest legal minds in the land on the Civil Rights Act of 1866. The forgot to follow the simple rule of fact that this was passed shortly after thinking before they acted. Alternative institio Co t tntgon TONIGHT IS THE OPENING of the that the University rewards and en- s laBkrNlo MneaCne o courages. This is possible through the : Ela BkerNelsn Mndea Ceterforresources available through the Center. :Anti-Racist Education. The Center, a The resources range a wide spectrum project of the United Coalition Against - from published materials, videos Racism, will bridge the gap between and audio cassettes, to workshops, na- anti-racist activism and academic work tional and regional conferences led by on race, racism, and social change. UCAR has responded to racist in- speakers from across the country. The C R cassnde o m- Center also organizes teams of speakers cidents on campus and in the commu- estohdwrkhsincass nity as they have occurred - with sit- ers to hold workshops in classes, ins, building blockades, demonstra- dorms, chchestand community en- tions and rallies. These actions are an ters on different aspects of racism, extremely important part of the effort of cultural diversity, and positive social 0combatting racism; however change. pomition ga thnracistmoee As W.E.B. DuBois argued over a confrontations are not thehalf century ago, a pivotal political is- :position of the anti-racist movement. P It is also necessary to build alter- sue of the 20th century is one of race native centers of education, to combat and color. In both domestic and foreign the institutionally racist, male, eu- policy, racism emerges as a central rocentric structure and philosophy of popular ideology justifying an eco- academic institutions. These centers nomic violence upon Black, Latino, can serve as a forum in which anti- Asian and Native American communi- racist activists, community members, ties at home -- and an aggressive pol- students and faculty can discuss and icy of militarism and intervention reformulate the strategies of the anti- abroad. Class and gender discrimina- racist movement, and the priorities of tion are also integral parts of this popu- the communities. lar ideology. The Baker-Mandela Center provides The anti-racist movement is one such a forum. The Center is a place for which includes pro-active action and people of color, and anti-racist scholars education. In order to end the system within the University interested in pro- of institutional racism we must not only gressive research aqd scholarship to actively protest but also form altema- come together. Another purpose of the tive institutions to serve as models for Center is to pay a debt to communities the type of institutions we would like to that made it possible for students and see installed in our society. scholars of color to occupy the spaces All people who want to become a now available in academic institutions part of the movement to end the because of their struggles to change the abroad are invited tothef color here and abrad re nvtedto heopening of the system. Baker-Mandela Center tonight in East By encouraging scholarship which is Engineering, Room 3. For more infor- relevant and accessible to as wide an mation about the programs and re- audience as possible, the Center is sucsaalbetruhteBkr structured to counter the elitism e- sources available through the Baker- C tt, mltkn l 936 1809O bedded in the kind of intellectual work '.,OCicalJV-I UY. Fre7edom of choice N EW STUDENTS WHO arrive at begins for students who want to avoid University housing each fall are often these environments. placed in disturbing positions In addition to roomate choice, the bill concerning the habits of a total has two other provisions. The first stranger: their roomate. Some students requires state colleges and universities want and need the ability to make to make substance abuse programs choices about habits of potential available to all students and employees. roomates to make dorm life as easy a Secondly it requires the presentation of transition to college life as possible. educational programs about substance Some students don't want their abuse at new-student orientation. roomate to be a smoker, a drinker, The bill is important for those and/or a drug-user. students who may be recovering By Ivette Perfecto A prisoner of war, from an international viewpoint, is any combatant or reserve who falls into the enemy's hands either through surrender or by capture in any place or circumstance of war. There exists a large body of international law dealing with the rights and fair treatment of POWs since the Geneva Convention of 1899. The United States is supposedly not presently at war. And yet U.S. prisons are presently holding POWs. In 1980, 11 Puerto Rican independence activists were arrested in Evanston, Illi- nois and were accused of being members of the Armed Forces of the Puerto Rican National Liberation (FALN). Armed at the time of their capture, the 11 independentistas immediately declared themselves POWs and demanded recogni- tion as such based on the Geneva Convention and 1970 United Nations Resolution 2621. The dictates of the Geneva Convention (of which the United States is a signatory) that Puerto Rico is an internal matter of the United States, and the U.N. thus has no jurisdiction. The charges against those arrested in Evanston was "seditious conspiracy." The charge of sedition (the stirring up of rebellion against the government) has a long history of use in this country as a weapon against political dissidence. The charge has its origins in the Alien and Sedition Act of 1798 and was used by the U.S. government to silence its oppo- nents who were sympathetic to the French Revolution. A law so obviously used for the purpose of suppressing dissent fo- mented a great deal of popular resentment; the government was finally forced to par- don all those convicted or charges under this law. Over the next one hundred years, the federal sedition laws were not enforced. However, state sedition laws were imple- mented to deal with runaway slaves. The present seditious conspiracy laws came essence, the U.S. government has declared that the struggle for Puerto Ricati independence is an act of sedition which carries a 20-year sentence. One of the POWs is Alejandrina Torres. Torres was very active in the Puerto Rican community in Chicago and became an ac- tive member of the committee to free Puerto Rican POWs. In 1983, she wds physically removed by FBI agents from her workplace and charged with seditious conspiracy. Since her arrest, Torres has been physi- cally and psychologically tortured. Kept in isolation, she suffered a heart attack and was denied treatment from a heart special- ist. 4 'In essence, the U.S. government has declared that the strug- gle for Puerto Rican independence is an act of sedition which carries a 20-year sentence.' declares that those combatants who declare themselves POWs must be recognized as such. The 1970 U.N. resolution, approved by the General Assembly, further states that all combatants who struggle for inde- pendence and self-determination of a colo- nized people must be considered as POWs from the moment of their capture. Significantly, this resolution also reaf- firms the right of any occupied or colo- nized nation to utilize whatever actions are necessary to obtain independence - in- cluding armed struggle and military resis- tance. Nevertheless, the United States has ig- nored and continues to ignore these inter- national norms, even those to which it is a signatory. It continues its actions in violation of international law, claiming into being early in this century and were used against anti-imperialists - especially the International Workers of the World (the "Wobblie") when they opposed U.S. involvement in World War I. Significantly, no one after 1937 has ever been charged with seditious conspir- acy except members of the Puerto Rican independence movement: first the nationalists in the 1930s and then those in the 1950s and now the revolutionaries captured in Evanston. Formally speaking, the charges of seditious conspiracy imply "agreement among two or more to oppose the authority of the U.S. government by force." In other words, seditious conspir- acy is a crime of thought. No actual illegal act is necessary to charge someone with this offence. In Torres was transferred to the infamous Lexington Control Unit in Kentucky. There she was placed on 24 hour surveillance, confined to a small, always- lit cell. She was denied access to religions services or visits by family members. Strip searches by male guards were converted into rapes. Unfortunately, the experiences of Torrec are repeated many-fold in other prisons across the United States. Thirteen inde- pendentistas are serving sentence from 35 years to life for various federal charges that include seditious conspiracy. And these arO but a few of the Puerto Rican men and women of conscience who have thy courage to risk everything for their lives' and for the freedom of their people. 4 The lyrics of a song composed by Sil-} vio Rodriguez capture the spirit of the Puerto Rican POWs: There are men and women who struggle for a day and are. good./There are others who struggle for a year and are better./There are those who' struggle many years and they are very good./But there are some who struggle all their lives. These are the indispensably ones. Ivette Perfecto is a doctoral candidate in the School of Natural Resources and & member of the Puerto Rican Solidarity Organization. :........:........................::............ ..,.,. fn,,..,,,....., ...................:.......:.......... ,., ,., ; . :; ? a :" to. h u .......... ;?" :$ ; "' > :: : : i: ::; :. a": CCF's free speech threatened To the Daily: Last Tuesday evening, La- GROC was celebrating an anti- discrimination victory as MSA voted 19-1 to withdraw recognition of CCF, a Chris- tian campus group who spon- sored a diag concert by Mike Deasy. Deasy, a Christian mu- sician, performed a controver- sial song, "God Hates Queer and So Do I" on the diag on September 27, 1988. Having attended both the concert on the diag and the MSA meeting, it is my belief that this case is not one of discrimination against gays and lesbians. The issue is rather one of freedom of speech and whether or not the opinions and beliefs of Christians will be able to be presented in a public forum. MSA and LaGROC have seemingly superseded the Con- stitution by attempting to deny free speech to CCF and its members. At the MSA meet- ing, a LaGROC spokesperson and several MSA reps who were not on the diag to hear the song stated that the title of the song was "God Hates Queers and So Do I." They then launched into a discourse ab- horring hatred of homosexuals. The premise for the discussion was incorrect as the title of the song referred to homosexuality and not to homosexuals. As Christians, we have the re- sponsibility to speak out against practices and lifestyles that are sexually immoral and transgress the laws of God. As Americans, CCF and Mike Deasy have the right to pub- poor taste and the entire inci- dent is regrettable. No one af- filiated with CCF had any prior knowledge of the song or its lyrics. However, LaGROC's attempt to:have:the voice of CCF silenced on campus be- cause they find CCF's view- point objectionable is ludi- crous. Remember the first amendment? I look forward to seeing MSA's kangaroo court decision overturned on appeal when FACTS are addressed reason- ably and rationally. -Mary Lynn Me94ord UM Alumna,1984 October 13 Look at violence in its context To the Daily: Last Thursday, my friend, Sandra Steingraber, was knocked to the ground by one of the many campus deputies, security officers and Ann Arbor police trying to "control" the student protest of President Duderstadt's inauguration. From my position as a gradu- ate student with a liberal hu- manist bias toward life, Sandra was exercising her right to free speech, not hollering "Fire!" into a crowded room. This act of conscious protest did not infringe on President Duder- stadt's rights, but the irrespon- sible way the protesters were treated unquestionably infringed on theirs in a most dehumanizing way. Aristotle named "intell- igence, character, and good will" as the attributes that pro- let out their anger and confu- sion by traveling in packs and picking fights with knives. Do young boys look at violence in context? And while I'm worrying over the credibility of our current leadership, let me also worry that we insult those who enter our confines and do try to break down barriers. I refer to Presi- dent Duderstadt's introduction to Toni Morrison's lecture last Friday. As I recall, our leader announced that the "highlight of the week" would be the up- coming Michigan-Michigan State game. Perhaps our presi- dent was absent from English 125 on the day that "assessing your audience" was discussed? I kept wondering how the Pulitzer Prize-winning author, waiting to speak, might com- bat the knowledge that the president of a major university has publicly prioritized the gridiron over the "Tanner Lec- ture on Human Values." I was mortified as I imagined her thoughts at that moment. -Ann M. Frank October 11 on the question of medicaid funded abortions, I am shocked by some of her invalid claims: She writes, "...we consider the reality that there is no 100 percent effective means of birth control!" This is an extremely obvious error. Abstinence is always effective - no matter what. And it's available to people of all incomes. Ms. Henry also claims, "...an ethical state provides ba- sic health care to the poor." agree. However, her misjudg- ment shows as she tries to fit abortion into this category. Abortion is unlike an illness in that one has little or no control over preventing a serious il- ness. Any woman can control whether or nor she becomes pregnant, aside from rape vice tims - which happen to acr count for less than half of * percent of abortion cases. Ms. Henry fails to acknowledge we are not animals. We have con- trol over our sexual actions. Welfare should help low in: come individuals with thing$ they have no control over. Sexual negligence does not fit into this category, and I refuse to let my tax dollars pay for it It's as simple as this: if yof are not currently able to raise a child, don't have sex, I under- stand that not all people will abide by this, and that's per- fectly fine with me. But don't make me pay for someone else's lack of discipline. Preg- nancy has never been an ill- ness; yet today's sexual values may be becoming one. -Steve Morrow October 13 4 Vote 'Yes' 4 4 on Proposal A To the Daily: After reading the article by Molly Henry "Vote No on Proposal A," (Daily 10/10/88) Daily Opinion Page letter policy Due to the volume of mail, the Daily cannot print all the iPttirc 'nA dn,,mne it rcip.Fic althrh an Pffnrt emace > A